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Home My WebLink AboutORD 2014-019ORDINANCE NO. 2014 -19 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82 -73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY GRANTING CONDITIONAL USE PERMIT CU14 -06 FOR A BANK WITH DRIVE THROUGH SERVICE AND A POLE SIGN IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82 -73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control; protection of adjacent property from flood or water damages, noise producing elements, and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood; location, lighting, and types of signs and relation of signs to traffic control and adjacent property; street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood; adequacy of parking as determined by requirements of this ordinance for off - street parking facilities; location of ingress and egress points for parking and off - street locating spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health and the general welfare; effect on light and air; the effect on the overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, Texas, did consider the following factors in making a determination as to whether this requested conditional use permit should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, all of the requirements of Section 48 of Ordinance No. 82 -73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and encourage the most appropriate use of land throughout this City; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the granting of this conditional use permit, that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas, does find that the conditional use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified and, therefore, feels that the issuance of this conditional use permit for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: •'D NO. 1 • IN Section 1. That the City does hereby issue a conditional use permit in accordance with Section 48 of Ordinance No. 82 -73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code, by granting Conditional Use Permit CU14 -06 to allow for a bank with drive through service and a 25 -foot pole sign in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1 A, Block 1, Grandy's of Grapevine (301 East State Highway 114) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82 -73, attached hereto and made a part hereof as Exhibit "A ", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 2. That the City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional use permit. Section 3. That in all other respects the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting j health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future; to lessen congestion in the streets; to secure safely from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum ORD. NO. 2014 -19 3 not to exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That this ordinance shall become effective from and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 18th day of March, 2014. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the 15th day of April, 2014. William D. Tate Mayor ATTEST: Jo i/C. Brown City Secretary FTAIZI:104"y Q MWAVOLOWO-TO In John F. Boyle, Jr. City Attorney ORD. NO. 2014-19 4 I`� �7 EXS NG POLE, BASE —11 �E � NEW FIXTURE AS WE GROUND LEVEL. _ EXISTING CONC BA% F s i i i 1 I i I i I I ( I � I a ( I i CAPITOL ft*" PAID g•$T STATE HIGHWAy P1�EdPC PA1•a Am1O. E T'�`WAY, y�A&F PA WiIpHT mpTH - ft'Z4 n� lug MEm f.. • • TROL PLAN _ GRAPHIC SCALE - I'my I I � I U s; e VICINTY MAP scolm STONE TO tE.AVY-DUTY MGM i0 BE WELDED ON W PANTED TUBE STEEL DOOR FRAME. TYP. METAL WALL PANELS W11H OF ROP iiSdN y2�� \ \.. PAINTED TUBE SR. DOOR FRAME EXHIBIT .4 TO /, - • Page •:.•. i HAKOWA7CL �FY GATE HARDWARE AND REQUIREMENTS WITH MAT F. PRIM TO CO NSTRUC nCN— TYPICAL FUSS ENCLOSURE ELEVATION M ZONING "CC" CONIMMITY COMWERCIAL DI CT SITE DATA CHAWT ITEM REQUIRED PROVIDED LOTAREA 50,000 &F. 55,251 S.F. OPEN SPACE 7,0S0 S.F. 7,14a S.F. OPEN SPACE% 20% 20.26% BLDG COVERAGE 21,150 &F. 3,672 &F. BLDG COVERAGE% 60% 1129% HIMPERVIOUS AREA 28,2W"- 26,155 &F. wPEVMOUS AREA% 80% 68.5% BUILDING HEIGHT 5D' 26' PARING SPACES 14 55 NOTE: 1. CONDIITONAL USE REQUEST CU14 -06 IS A REQUEST TO ALLOW A 3,972 SQUARE FOOT BANK WITH DRIkS- THROUGH SERVICE AND A 25 IN HEIGHT POLE SIGN ON A CURRENTLY EXISTING POLE AT THE SITE DIRECTIONAL. AND OR CONVENIENCE SIGNS SHALL NOT EXCEED A HEIGHT OF 42"— ANY LOGO OR COMPANY NAME SHALL NOT EXCEED IOX OF THE SIGN — CABINET SHALL NOT EXCEED 5 SQUARE FEET AS PER CITY REQUIREMENTS 2. ALL ON SITE ELECTRICAL CONDUCTORS ASSOCIATED WITH NEW CONSTRUCTION SHALL BE LOCATED UNDERGROUND. 3. MECHANICAL AND ELECTRICAL EQUIPMENT, INCLUDING AIR CONDITIONING UNITS, SHALL BE DESIGNED, INSTALLED AND OPERATED TO MINIMIZE NOISE IMPACT ON THE SURROUNDING PROPERTY. ALL SUCH EQUIPMENT SHALL BE SCREENED FROM PUBLIC VIEW. 4. THE MASONRY REQUIREMENT OF SECTION 54 SHALL BE MET. 5. ALL REWREMENTS OF THE GRAPEVINE SOIL EROSION CONTROL ORDINANCE SHALL BE MET DURING 114E PERIOD OF CONSTRUCTION. S. LJGiTING LEVELS AT THE PROPERTY LINE MAY NOT EXCEED 3.0 FOOTCANDLES- MPOSED POE SIGNS WERE INCLUDED IN THE MIEIRANATION OF THE KWWATIO! LEVELS. 7. DRIVE —THRU LIGHTING SHALL BE RECESSED TO PREVENT REFLECTIVE G.ARE AS REQUIRED LEGAL DESCRIPTION LOT-1 A, BLOCK-1 CAM rain": FWT Ruse tons CAM MAXIM CJ14 -W LDC TOT: 301 EAST STATE MQIWAY 114 LOT 1A, IYAOC 1. Q "YS OF GPAPkIWE MAYM� somwrmy DATE: PIANN ING AM 9=W cAlALe1eAN DATE APPROVAL D= NOT AU11CW= ANY I f N 00HF T MIN ANY 00 8 OR OROWANGES OfPAA111ElIT Q O�.OPEMlfT 5 '.. J ll�' A III ZZ I— CA Ii6 01 -28-14 02 -24-14 02 -25-14 Ml Al It L LANDSCAPE PLAN 1 01 scALCe v +r. rr a QI 1--I 1�1 1� I•D, s III i CAPITOL ST H� PA1m =�T d YE, Y V —ar PAImWr =" EXISITNG PARKING CONVERTED INTO LANDSCAPING I r --------- � I I ' Cz=== � I I 1 I jI I ' I I I I I I i I EXISITNG PARKING CONVERTED INTO LANDSCAPING l yyAPN16 �CJILB • PeCT STATE HIGHWAY PU" PAM MORO. Vag WT'a-YMV WJU8Z ►AVUMa jo, h(tqm -iD L LEj J I VICINTY MAP LEGEND: EXHIBIT `I TO DRO. ao /4{ /Q Page C2. Of ICDcc�c�a�� C =� 0 EXISTING SNRUM By APR 4 2014 O ■ NEW 3 GAL. SHRUBS ■ EXISTING SIGNIFICANT TREE (LIVE OAX- r CAL WW) ® ■ NEW LARGE CANOPY TREE (LNE OA1Q ■ EXISTING MEDIUM CANOPY TREE (BALD CYPttr3S) NOTE: EXISTING IRRIGATION SYSTEM PRESENT FOR FULL SITE LANDSCAPE DATA CHART ITEM REQUIRED PROVIDED INT[RWR% 10% INTERIOR TREES 1 TREE ran 4W S.F. (6) S PERIMETER 1 TREE PER 50 UNEAL FEET(13) 1S NONNENICULAR 1 TREE PER 4000 S.F. (0) 0 TOTAL REQUIRED LANDSCAPE 20% OF SFM AREA 29.26% FRONT YARD 50% OF REQUIRED 51.12% ^. tN' FNAti(;E: The owner, tenant and their agent, if any ahail be jointly and severa(1} responsible for the maintenance o.`all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all tbnes. ']'his shall include mowing, edging, pruning, fertilizing, it igntion systems, weeding, anc other such activities common to the maiatenanco of landscaping. Landscaped areas shall be kept free of "trash, litter, weeds and other such material or plants not part ofthe landscaping: All plant matozials shall be maintained in a healthy and growing condition as is appropriate for the. season of the year. Plant maceriais which lie shall be replaced with plant material of sianilar vanety and size. ,,uternatie in- ground irri6a6on system with rain and freeze sensory capability is MICHAEL .T. BARNES ARCHITECT LEGAL DESCRIPTION LOT -1A, BLOCK-1 GRANDY'S OF GRAPEVINE TARRANT COUNTY, TEXAS P-W" AM aofw a,E WMIMT OF OEY66P8Off SUMB I�11 9 I F a� r6 01 -W-14 02 -24-14 ,I L1 �iXHIBIT_ R Toogo. 7L� I� I i 0,4 Page I 4 of ........................... I� EXHIBIT__,d TOORO.,20AC/9 Page 5 of. � 1 FAMMVW1717F_�� e] z I I 0_"O_,4 02 0 2: W 4 14 A4 EXHIBIT T000.9,olq-1 Page !� of !j 5- ";'N TT Aak WEST ELEVATION g 77 %w 02-24-1 02-25-14 UA5